The right to health care and its practice
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The right to health care
The National Health Service (SSN) is a system of "functions, facilities, services and activities for the promotion, maintenance and recovery of physical and mental health of the entire population, regardless of individual or social conditions and guaranteeing equal treatment of citizens in relation to the service" [1] Its establishment ensures full implementation article 32 of the Italian Constitution which states: "The Republic safeguards health as a fundamental right of individual and as a collective interest, and guarantees free medical care for the indigent. No one may be obliged to undergo health treatment except under the provisions of the law. The law may not under any circumstances violate the limits imposed by respect for human person”. The Italian health legislation therefore recognizes health as a fundamental right of the individual and includes foreign citizens in all respects, regularly staying in Italy , in the system of rights and duties with regard to health care, so that everyone can benefit from the same health opportunities.[2]
Practice of the right to health care
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Access to services offered by the National Health Service is based on the principles of universality, equality and fairness. However, to determine the extent and terms of practice of the right by foreign citizens, certain specified conditions should be considered.
To access detailed information visit the following links:
- Types of access to the National Health Service (SSN) describes the different types of access to the SSN, those entitled and procedures;
- Registration with the National Health Service (SSN) indicates the types of access to the SSN and the necessary documentation based on individual cases;
- Exemptions from payment of the co-pay fee (ticket) lists both the services provided always with an exemption from payment of the ticket and the personal conditions that entitle to the exemption.
For specific information about the actual practice of the right to health care, consult the rules of each Region. In Italy, in fact, as a result of Constitutional Law no. 3 of 18 October 2001, the Regions are vested with legislative powers in terms of health protection. However, it is the responsibility of the State to ensure the fairness of the implementation of this right enshrined in the Constitution, through the monitoring of provision of care and services under the Essential levels of assistance (LEA).
Since the autonomy of the Regions has sometimes led to a certain fragmentation and non-homogeneity in access to care for foreign citizens, in 2012 the State, Regions and Autonomous Provinces signed an agreement in order to ensure greater uniformity of access to health care for foreign citizens.
Notes
- ↑ Art. 1 of Legge 833/78 Istituzione del Servizio Sanitario Nazionale. Last access 23/04/2015.
- ↑ Articles 34, 35 and 36 of Testo unico delle disposizioni concernenti la disciplina dell'immigrazione e norme sulla condizione dello straniero, D.Lgs. 25 July 1998, no. 286. Last access 23/04/2015.
